# Man fined $305 for smoking in workplace - his truck



## mark77ap (Sep 5, 2009)

This is insane.

Reproduced article:

TORONTO — Ontario’s transportation minister was surprised by the first charge laid in the province against a trucker for smoking in his rig but the province’s health promotion minister hopes the incident will help convince more people to butt out.
Ontario Provincial Police pulled over a truck on Highway 401 near Windsor on Wednesday when the driver was seen smoking.
Police handed out a $305 ticket because the truck is his workplace and smoking is prohibited at all workplaces in Ontario.
That’s the way the law is supposed to work, said Health Promotion Minister Margarett Best.
“It’s about health, and I’m not looking at this from the perspective of whether it’s a milestone or not,” Best said of the charge.
“I’m looking at it from the perspective of being concerned about the health of Ontarians.”
Labour Minister Peter Fonseca also said the charge and fine were appropriate given the circumstances and the province’s stated goal to reduce smoking as much as possible.
“Work vehicles were deemed workplaces in that act, so that is a place of work,” said Fonseca.
Transportation Minister Jim Bradley said he couldn’t comment directly on an individual case, but he would be watching closely to see how the courts deal with it.
“It would be interesting to see how this develops in the court case,” said Bradley.
“That’s interesting. It’s a new one to me.”
The Smoke-Free Ontario Act adopted in 2006 prohibits smoking in enclosed workplaces and public areas, such as bars and restaurants.
Neil MacKenzie, the manager of tobacco programs for the Windsor-Essex County Health Unit, said even a farmer’s enclosed tractor would be considered a work environment.
“Technically, that would be the workplace and it’d be an enclosed work environment,” he told Windsor radio station CKLW.
“Whether or not you have the sunroof open or windows down ... it’s an enclosed workplace and you’re prohibited from smoking in that vehicle.”
MacKenzie added, however, that no one would march into a field and fine a farmer for smoking in an enclosed tractor.
“Before we take any radical action on it, we’d confirm with the Ministry of Health whether there’s precedent,” he said.
“We’d make sure the farmer understood requirements and give the opportunity for full compliance.”
In June 2008, the Ontario law was extended to ban smoking in vehicles containing children under 16.
Last February, a 29-year-old woman from the Sarnia, Ont., area was charged under the ban after she was allegedly found smoking with five young children in the vehicle. Officers said they found both the driver and a 19-year-old female passenger smoking cigarettes.
Several provinces, meanwhile, plan to join forces against tobacco companies to recover health-care costs related to smoking.
Quebec confirmed earlier this month it was joining Ontario, British Columbia and New Brunswick in filing a multibillion-dollar lawsuit against tobacco manufacturers.
Ontario’s $50-billion lawsuit against three tobacco companies is aimed at recovering the cost of treating smoke-related illnesses dating back as far as 1955.
The provinces began to consider legal action after a 2005 Supreme Court of Canada ruling that upheld British Columbia’s right to seek compensation against tobacco companies.


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## zeavran1 (Aug 18, 2009)

Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.


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## Cigary (Oct 19, 2007)

F'n ridiculous. It seems everyday I read about something else that is totally out of whack in this world and it doesn't even have to be about cigars. We are losing our rights so quickly and my biggest fear is that we are letting them go without a fight.


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## thebayratt (Jun 4, 2009)

$305 is cheap!!

When the company I work for went "smoke free", if you were cought on the clock or even on the property off the clock smoking, they fired you on the spot! NO JOKE!! I know of 4 that got busted. They said "it was to help with the healthcare funds." And that alot of people were abusing the "smokeshack" they had. Instead of 2 15min (on the clock) breaks a day, theyd take 5 or 6....
Now, a few years later, its just a write-up. They figured training help was a PITA and good people were hard to find I guess.....


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## ejgarnut (Sep 28, 2009)

zeavran1 said:


> Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.


I have heard that the DOT officers in California are writing tickets to drivers for smoking in their trucks. Dont know if its true or not, wouldnt be surprised though.

I already know what Im gonna do if they write me one. Will roll it up tightly, hand it back & politely tell officer "that should make it easier". Said officer can figure out the rest.


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## thebayratt (Jun 4, 2009)

ejgarnut said:


> I have heard that the DOT officers in California are writing tickets to drivers for smoking in their trucks. Dont know if its true or not, wouldnt be surprised though.
> 
> I already know what Im gonna do if they write me one. Will roll it up tightly, hand it back & politely tell officer "that should make it easier". Said officer can figure out the rest.


Just do like me; tint your windows *dark! *
Mine are way past "legal" in my city/state at 10-15%. Legal is 30%.
You can't see much inside of my truck. The fuzz don't bother me bc I don't look the "dealer" type; I ride on 16s with 35" mudders.

But then again we don't have any BS smoking bans except for a few cities over and its only in public buildings (resturans bars etc...)


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## rottenzombie (Jun 11, 2007)

Welcome to the New World Order...Get ready for a bumpy ride.



Good luck to all of us that believe that Individual freedoms are important.


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## Stinkdyr (Jun 19, 2009)

Well past time for a Tea Party. Poor canucks just don't realize it, maybe cuz they never did it the first time as they should have.

Not sure if enough gringoes still have the sack to put one together, but the time draws nigh.

Ask not for whom the shackles of socialism rattle in the near distance, they rattle for you.


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## baba (Nov 5, 2007)

Damn smoking Nazis! pretty soon you will get a ticket for farting in public.


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## eyesack (Jul 19, 2009)

thebayratt said:


> Just do like me; tint your windows *dark! *
> Mine are way past "legal" in my city/state at 10-15%. Legal is 30%.
> You can't see much inside of my truck. The fuzz don't bother me bc I don't look the "dealer" type; I ride on 16s with 35" mudders.
> 
> But then again we don't have any BS smoking bans except for a few cities over and its only in public buildings (resturans bars etc...)


Tsk Tsk Shawn! Smoking in your truck again?









Shame on you!!!!:smoke2:


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## Strick (Aug 21, 2008)

zeavran1 said:


> Ridiculous. It's sad that I can't help but feel that this is the future for the US as well.


It's heading that way unless the people put a stop to it....


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## Demasoni (Sep 17, 2009)

“Work vehicles were deemed workplaces in that act, so that is a place of work,” said Fonseca

Oh the irony! I wonder if he knows that his last name is the same as a well established brand of cigars?


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## yzingerr (Sep 4, 2009)

Seems to be the way of the world...


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## MrJerry (May 25, 2005)

Those crazy Canadian brother of ours...but they do have "free" healthcare! LOL


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## Theophilus (Jul 7, 2008)

Vote libertarian!


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## rborrell (Aug 30, 2006)

Stinkdyr said:


> Well past time for a Tea Party. Poor canucks just don't realize it, maybe cuz they never did it the first time as they should have.


WTF does that mean?????


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## Stinkdyr (Jun 19, 2009)

rborrell said:


> WTF does that mean?????


It means I am stunned that our poor Canadian cousins continue to just roll over and let their gubment trample on their freedoms.
I guess Patrick Henry would have been booed off stage up there.
Hell, he barely has any traction down here anymore.
America is lost.


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## rborrell (Aug 30, 2006)

Stinkdyr said:


> It means I am stunned that our poor Canadian cousins continue to just roll over and let their gubment trample on their freedoms.
> I guess Patrick Henry would have been booed off stage up there.
> Hell, he barely has any traction down here anymore.
> America is lost.


hwell:

I guess you're right. What we need to do is gather all of the smoking truck drivers together and arm them with assault rifles so that they can shoot the police as they write up the ticket. All under the guise of protecting their freedom?

I guess by "doing it right the first time" you mean we should have revolted against the British tyrants for our independance rather than getting the British government to actually enact legislation to grant freedom?

Fear not, we are not your "poor cousins" just rolling over up here. Smoking in the workplace is an issue that has been going around and around for 20 years. In this particular incident, the truck is a company vehcile - not a private one. You can still smoke in your personal vehicle.

I guess there is only one "right" way to deal with this and you hit the nail on the head. Let's you and I both go to a local B&M and buy a Cuban cigar and celebrate our freedoms.


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## Stinkdyr (Jun 19, 2009)

re: go to a local BM and buy a Cuban to smoke

Ahhhhhhhhh....if only we could down here.
Unfortunately, our socialist gubment doesn't believe in freedom, so we can't!
But hey, our current DC dolt just won a Nobel Prize for all of his accomplishments, 
so it is all good.

Freedom......whatta dangerous, radical concept.


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## Cancerman (Oct 5, 2009)

HOLY COW! That's insane! When I read that post I fell out of my chair and hit my head on the floor, I'm still dizzy! Now I know I did the right thing, I just stocked up on 12 pounds of pipe tobacco just in case they outlaw it, and the way things are going I'd say that will be real soon. It used to be smoking pot was bad, now they treat tobacco smokers like outlaws. WOW I think my grandpa just rolled over in his grave LOL.


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## Smdmmfd (Oct 8, 2009)

Thats just no fair, at all no comment


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## ToJo (Jun 24, 2009)

It makes more sense if you think about it from a nonsmoker point of view who may have to drive a truck that someone has been smoking in for 24hrs straight for years on end. 
The proper way to handle it would be to tell the trucking companies that they must have some non-smoking trucks if they intend to have non smoker employees. 
But then I guess they'd get into non smoker discrimination problems. 

Ideally, the government would just stay out of it. (applies to most issues, really)


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## Stinkdyr (Jun 19, 2009)

It does make all the difference to consider the fact that this is a company truck. At first I thought it was this guy's personal truck that he used for his business. The article did not make it clear...describing it as "his rig." 

Leave it to the Press to leave out the essential facts.


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## Stinkdyr (Jun 19, 2009)

Theophilus said:


> Vote libertarian!


I do, I do. As a matter of fact, I have a perfect record of NEVER having voted for either a Democan or a Republicrat for president.

We need Term Limits for all politicians. It works quite well for the president, right? So let's do it for all the rest of the hacks!


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## contract (Dec 1, 2008)

If the man is smoking in a company truck that prohibits smoking, he should be terminated by that company. I do not see how the government should be involved in company policy. 

As far as convincing the English to legislate our independence, your stereotypical American does not like to put his fate in the hands of others. Count me among them.


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## Stinkdyr (Jun 19, 2009)

contract said:


> If the man is smoking in a company truck that prohibits smoking, he should be terminated by that company. I do not see how the government should be involved in company policy.


But then, uh, how is the gubment 'sposed to make any $$ out of that arrangement?

ipe:


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## PerpetualNoob (Sep 9, 2008)

I just wrote a long post and then deleted it, because I'm almost positive it would have been deemed "too political", even though this is a discussion of tobacco legislation, which is 95% political hogwash anyway.


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## contract (Dec 1, 2008)

PerpetualNoob said:


> I just wrote a long post and then deleted it, because I'm almost positive it would have been deemed "too political", even though this is a discussion of tobacco legislation, which is 95% political hogwash anyway.


In the spirit of the last few weeks, I think we should award you a Nobel for the amazing post you would have written.


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## PerpetualNoob (Sep 9, 2008)

contract said:


> In the spirit of the last few weeks, I think we should award you a Nobel for the amazing post you would have written.


Yes, I'm a uniter.


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## Stinkdyr (Jun 19, 2009)

PerpetualNoob said:


> Yes, I'm a uniter.


You obviously have vast potential to be a peaceful community organizer.....therefore you deserve a Nobel Prize!

Congrats!!

:drum:


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## ejgarnut (Sep 28, 2009)

contract said:


> If the man is smoking in a company truck that prohibits smoking, he should be terminated by that company. I do not see how the government should be involved in company policy.


Absolutely! Unless the trucking company (or any company for that matter) is owned by the government, the gov has no business doing anything like this. It is a private company, and Im sure have their own rules and codes of conduct. I dont know about Canada, but here it would be at best socialism, at worst communism.


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## x man (Oct 21, 2009)

when i am at moms i go to my car and 
smoke one, then i leave the windows down all night
i think the smoke detector in the truck
was faulty, case dismissed


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## dawglair (Oct 26, 2009)

Just saw this -- this is crazy


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## sboyajian (Jun 27, 2008)

rborrell said:


> In this particular incident, the truck is a company vehcile - not a private one. You can still smoke in your personal vehicle.


I don't recall the article saying it was a company vehicle. Many truck drivers own their own trucks and simply pull company owned trailers.

It occured because they are considering a vehicle a "workplace".

It also said in the article, if a farmer was smoking on his tractor, that would also be considered his workplace.

I understand it's "for the health".. but they have no business telling people they can't smoke in some situations.

I can understand telling people in an office building there is "no smoking". But if a man works on a field, and he's the only one working on said field, and he owns the property, if he wants to smoke, who the hell thinks they have a right to tell him they can't?


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## Stinkdyr (Jun 19, 2009)

sboyajian said:


> I don't recall the article saying it was a company vehicle. Many truck drivers own their own trucks and simply pull company owned trailers......
> I can understand telling people in an office building there is "no smoking". But if a man works on a field, and he's the only one working on said field, and he owns the property, if he wants to smoke, who the hell thinks they have a right to tell him they can't?


You, sir, obviously value your freedom. Perhaps too much. The gubment will dictate your options as they see fit. Just keep working and paying more taxes and be sure to vote to re-elect them!

:target:


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## rtc917 (Jan 22, 2010)

Must have been California.


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